Journal

Chair’s Column (Spring 2023)

After a successful opening year in 2022, the Financial Remedies Journal (FRJ) now enters its second year and continues to provide a wealth of information and debate on the big subjects topical in the financial remedies world and I commend this edition of the journal to you, as well as

Omissions, Ambiguities and Deficiencies – Seeking Clarification of a Judge’s Reasoning

Omissions, Ambiguities and Deficiencies – Seeking Clarification of a Judge’s Reasoning

‘All judgments are capable of improvement’ observed Peter Jackson LJ in Re O (A Child: Judgment: Adequacy of Reasons) [2021] EWCA Civ 149 at [70]. As a consequence, the appropriate scope of seeking ‘clarification’ of a draft judgment – as opposed to suggesting corrections of a typographical or numerical nature or

An Unwelcome Guest and a ‘lively controversy’ – Guest v Guest on the Essential Aim of Proprietary Estoppel

An Unwelcome Guest and a ‘lively controversy’ – Guest v Guest on the Essential Aim of Proprietary Estoppel

‘1. “One day my son, all this will be yours”. Spoken by a farmer to his son when in his teens, and repeated for many years thereafter. Relying on that promise of inheritance from his father, the son spends the best part of his working life on the farm, working

Looking Back at Duxbury 30 Years On

Looking Back at Duxbury 30 Years On

Overview The Duxbury formula seeks to ascertain a capital amount which if invested to achieve capital growth and income yield (both at assumed rates and after tax on the yield and required gains) could be drawn down in equal inflation-proofed instalments over a period of time (often the recipient’s

Pensions on Divorce – Lifetime Allowance Tax Issues

Pensions on Divorce – Lifetime Allowance Tax Issues

A favourite film of one of the authors is Apollo 13. At one point, whilst trying to work out what had to happen to get the ill-fated space craft home, Commander Jim Lovell said: ‘All right, there’s a thousand things that have to happen in order. We are on

Cryptocurrency and the Family Courts – Some International Experiences

Cryptocurrency and the Family Courts – Some International Experiences

Executive summary Millions of people around the globe have funds in cryptocurrencies, with billions of dollars now invested. The nature of these funds is invariably secretive and non-national based. They present distinctive challenges for family courts around the world in ascertaining what are the overall assets in order to produce

Clarke v Clarke – A Brave New (Valuation) World

Clarke v Clarke – A Brave New (Valuation) World

Introduction Business valuers are often asked to estimate the value of interests in companies that do not represent the entirety of the company’s share capital.[[1]] In those cases, the application of an appropriate valuation discount, which accurately reflects the attributes of a subject shareholding can be both a